AIROnline 2025 SC 266

Supreme Court Of India

(From : AIROnline 2024 GUJ 2029)

Hon'ble Judge(s): Sanjay Karol, Prashant Kumar Mishra , JJ

Criminal P.C. (2 of 1974) , S.389— Suspension of sentence - Legality - Accused was convicted for offence of sexual assault on minor - High Court suspended sentence citing doubt over age of victim and granted him bail pending appeal - Whether or not finding regarding age of victim was correct or manner in which same was sought to be proved before Trial Court, was in accordance with law or not, is question that is open for consideration in jurisdiction under S.374 CrPC, and not under S.389 CrPC - Casting doubt upon finding returned by Trial Court, when same isn't within immediate purview, cannot be justified - Accused was convicted by trial court - Considering nature of offence and age of convict, High Court ought not to have suspended sentence - Order suspension of sentence was set aside. AIROnline 2024 GUJ 2029-ReversedAIR 2024 SC 4594-Relied on2024 Cri LJ 930 (SC)-Relied on (Para 8 9)